In Winters v. United States (1908), the Supreme Court held that the ri

Well, ag153, you are welcome to check out my full analysis of every question in an earlier post. I put a lot of time and effort into that one. Perhaps it will help you to some extent.

- Andrew

Thanks for your reply

I did actually but for these specific ones, I’m still not clear and I’m not able to get all the explanations. So would probably need a different explanation AndrewN



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That is fair, ag153. My responses will not appeal to everyone. I just wanted you to be aware that I had addressed the questions. Have you tried combing through the following posts by other Experts?

Question 4 (partial explanation)—AjiteshArun

Question 4 (partial explanation)—KarishmaB

Question 5 (part one)—GMATNinja

Question 5 (part two)—GMATNinja

Question 8—GMATNinja

Video solution (multiple questions?)—avigutman

Perhaps they will provide, either individually or collectively, more clarity regarding your queries.

- Andrew

Thanks AndrewN again for sharing those- I have actually gone through the whole discussion around this and need to still get specific answers to these. In the video for example, only the correct answers have been adressed, not the wrong ones. In most explanations, the choice I am talking about are not explaianed and for some where it is covered are either not by experts or not giving complete clarity. I hope you can understand.

2. The passage suggests that, if the criteria discussed in lines 10–20 [Later decisions, citing Winters, established that courts can find federal rights to reserve water for particular purposes if (1) the land in question lies within an enclave under exclusive federal jurisdiction, (2) the land has been formally withdrawn from federal public lands—i.e., withdrawn from the stock of federal lands available for private use under federal land use laws—and set aside or reserved, and (3) the circumstances reveal the government intended to reserve water as well as land when establishing the reservation.] were the only criteria for establishing a reservation’s water rights, which of the following would be true?

Not an lawyer or an expert here.
I feel that this question is more of a logical thinking and knowing some US history rather than knowing the meaning of the 3 criterial (like many others, I don't get the meaning behind this).
US founding fathers came to US and declared independent.
But the lands was previously used and owned by the natives.
When the lands were declared statehood, so all the previous rights to use, and whatever rights were passed to the federal government.
Perhaps this explains C.

KarishmaB

KarishmaB Pls look into it and clarify

hello experts,
I took 45 minutes to solve these 8 question and only got 3 correct!
the language is so tough in this passage that it becomes so hard to comprehend!
and it gets harder to retain most of the information
furthermore, the choices itself are so tough to understand and eliminate ?
How can anyone solve this under 10 minutes??

Its been a while and I am still underconfident in RCs!
what is the probability of getting such kind of RC?
Is it ok to skip this one?

Hello, dcoolguy. I took about 11 minutes in all to read the passage and answer the questions. I suppose some people, most likely Experts, could go 8/8 in under 10 minutes, but that is not my gift. I tend to take longer to process all the information. Out of curiosity, where does the 10-minute figure enter the picture? You will not see an eight-question passage on the exam, I can assure you, so why worry about such matters?

I would advise you against skipping any official passage you come across during the course of your preparation. There is always something to learn, even if you answer all the questions correctly. However, if this one proved too difficult for you right now, then why not let the dust settle and come back to study it later? There are plenty of helpful responses from the likes of GMATNinja and others.

One final consideration: If you did encounter this sort of challenging passage on the exam, you would probably be doing quite well. (Feel free to pat yourself on the back.)

- Andrew

Question 4

Let's start by nailing down the author's purpose in each paragraph.

• Paragraph 1: To explain how American Indians gained water rights based on land treaties, even if those treaties didn't actually mention water rights. This practice was established by Winters v. United States, and is later referred to as the "Winters doctrine."
• Paragraph 2: To point out later situations where American Indians gained water rights under the "Winters doctrine" even without a formal land treaty.

While the passage does "trace the development of laws," these laws are specifically concerned with the water rights of American Indians. They are not concerned with the establishment of "American Indian reservations" themselves.

Since the passage is primarily concerned with the water rights of American Indians, we can eliminate (A).

I hope that helps!

Question 5

Before we look at the answer choices, let's consider the lines cited in the question:

• Lines 10-20 describe the Winters doctrine. More specifically, they describe the situations where water rights are given when land has been formally "set aside or reserved."
• Lines 38-42 explain how Arizona v. California allows the Winters doctrine to be applied even in cases where land hasn't been "formally set aside or reserved." In other words, even if land was never formally reserved through a treaty, the Winters doctrine can still be applied, if the land was "treated as a reservation by the United States."

Here's (C) again:


It's true that Arizona v. California alters when the Winters doctrine can be applied. But that doesn't mean that it's an exception to the Winters doctrine.

The passage states that even if lands were not formally withdrawn "as American Indian reservations," this didn't bar "application of the Winters doctrine." As long as the lands were "treated as reservations," the Winters doctrine could be applied and the American Indian tribes in question could receive water rights.

So basically, Arizona v. California expanded the situations where the Winters doctrine can be applied, which is different than being an exception.

But there's another problem with (C). It states that Arizona v. California is the "sole" exception. And the passage doesn't give us any reason to think this was the ONLY time the Winters doctrine was modified. In fact, the first sentence of the second paragraph suggests that this happened multiple times: "Some American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States’ acquisition of sovereignty."

So because Arizona v. California isn't a "sole exception" to the Winters doctrine, we can eliminate it.

Question 8

The Winters doctrine explains when water rights can be given. Originally, it applied to land that was given formally in a treaty, but Arizona v. California established that the Winters doctrine can be applied even without a formal treaty, as long as the land has been "treated like a reservation."

Let's move on to the answers.


Thanks to Arizona v. California, the Winters doctrine was used to reserve water rights even without a formal or "explicit" treaty, so (A) is out.


The Winters doctrine is concerned with water rights, not how land should be reserved. (B) is wrong.


The Winters doctrine is about water rights, not setting aside land. Eliminate (C).


The Winters doctrine doesn't give American Indian tribes "special status." The passage discusses American Indian tribes as examples of when water rights were given, but it never indicates that the Winters doctrine gave them "special" treatment. They are simply mentioned as examples of water rights cases. (D) is wrong.


In the first paragraph, we see how the Winters doctrine allowed the federal government to reserve water when a treaty was made "explicitly." In the second paragraph, we see how the Winters doctrine was used to reserve water even without a formal treaty -- in other words, they could reserve water "implicitly."

Since (E) captures this, it's correct.

This one has to be one of the toughest RC lol

1. The author cites the fact that the Rio Grande pueblos were never formally withdrawn from public lands primarily in order to do which of the following? (A) Suggest why it might have been argued that the Winters doctrine ought not to apply to pueblo lands.

By mentioning that the Rio Grande pueblos were never formally withdrawn from public lands, the passage implies that there might be an argument against applying the Winters doctrine to pueblo lands. The Winters doctrine is based on the idea that water rights are reserved for American Indian tribes when establishing a reservation, but the lack of formal withdrawal of the pueblos from public lands could raise doubts about the applicability of the doctrine.

2. The passage suggests that, if the criteria discussed in lines 10–20 were the only criteria for establishing a reservation’s water rights, which of the following would be true? (C) There would be no legal basis for the water rights of the Rio Grande pueblos.

The passage states that the Rio Grande pueblos did not meet the criteria discussed in lines 10–20 for establishing reservation water rights. These criteria include formal withdrawal from federal public lands and setting aside or reserving the land. Since the pueblos were never formally withdrawn from public lands and no explicit designation or withdrawal was made, the criteria would not provide a legal basis for their water rights.

3. According to the passage, which of the following was true of the treaty establishing the Fort Berthold Indian Reservation? (D) It failed to mention water rights to be enjoyed by the reservation’s inhabitants.

The passage states that the treaty establishing the Fort Berthold Indian Reservation did not mention water rights. Despite the lack of explicit mention, the Supreme Court ruled in the Winters case that the federal government intended to preserve water rights for American Indians when creating the reservation. This ruling was based on the understanding that the reservation lands would be useless without water.

4. The primary purpose of the passage is to (B) Explain the legal basis for the water rights of American Indian tribes.

The passage primarily focuses on explaining the legal basis for the water rights of American Indian tribes. It discusses the Winters doctrine, which reserved water rights for tribes based on the intention of the federal government to deal fairly with American Indians when establishing reservations. It also mentions how some tribes have established water rights through traditional diversion and use of waters prior to the United States' acquisition of sovereignty.

5. Which of the following most accurately summarizes the relationship between Arizona v. California in lines 38–42 and the criteria citing the Winters doctrine in lines 10–20? (B) Arizona v. California establishes that the Winters doctrine applies to a broader range of situations than those defined by these criteria.

The passage states that Arizona v. California indicates that the manner in which any type of federal reservation is created does not affect the application of the Winters doctrine. This implies that the criteria mentioned in lines 10–20, which include specific requirements for formal withdrawal and reservation of land, do not limit the application of the doctrine. Arizona v. California expands the scope of the Winters doctrine to apply to a broader range of situations beyond those defined by the criteria.

6. The "pragmatic approach" mentioned in the passage is best defined as one that (A) Grants recognition to reservations that were never formally established but that have traditionally been treated as such.

The passage refers to a "pragmatic approach" in recognizing reservations. It states that the pueblos have always been treated as reservations by the United States, despite never being formally withdrawn from public lands or designated as reservations through treaties, statutes, or executive orders. This pragmatic approach grants recognition to reservations based on traditional treatment and practice, even if there is no legal definition or formal establishment.

7. The passage suggests that the legal rights of citizens other than American Indians to the use of water flowing into the Rio Grande pueblos are (E) Limited by the prior claims of the Pueblo Indians.

The passage mentions that the reserved water rights of Pueblo Indians have priority over other citizens' water rights as of 1848, the year in which the pueblos must be considered reservations. This suggests that the legal rights of citizens other than American Indians to the use of water flowing into the Rio Grande pueblos are limited by the prior claims of the Pueblo Indians.

8. It can be inferred from the passage that the Winters doctrine has been used to establish which of the following? (E) The federal right to reserve water implicitly as well as explicitly under certain conditions.

The passage discusses how the Winters doctrine recognizes the federal government's intention to reserve water for American Indian tribes when establishing reservations. It is inferred that the doctrine allows for the federal right to reserve water implicitly, without explicit mention in treaties or agreements, under certain conditions. The doctrine's application is not solely dependent on explicit treaty or agreement language, but also on the intention to deal fairly with American Indians and preserve necessary water resources.

Is a 50% accuracy, that is 4/8 correct question bad for this paragraph? I want to score 700+ and apart from this paragraph, my general accuracy with 650-700 level questions is around 80%

Tough one, got 7/8 in about 19 minutes (along with initial reading) so approximately 2 and a half minute on each question.

The best way to approach the reading part is to not delve too much on the details and the language, but to understand it holistically. Whether you like it or not, read through it completely.

The next big part is understanding the question and the answer choices. Instead of just looking through it once and framing the right possible answer in your head, read it slowly and entirely. I could do most questions by eliminating the wrong answers and thinking about the implications of an answer choice and tied it back to the question.

Hope this helps, explanations are there in the forum but approach is the essential thing here.

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